Defence Reform Bill (HC Bill 118)

(i) the day on which the business ceases to be carried on, and

(ii) the end of the period of 30 years beginning with the date on
which the information was obtained by the Secretary of State,
10an authorised person or the SSRO.

Offence of disclosing information

2 (1) A person commits an offence if the person discloses information to which
this Schedule applies.

(2) Sub-paragraph (1) is subject to paragraphs 3 to 5.

(3) 15A person who is guilty of an offence under sub-paragraph (1) is liable—

(a) on summary conviction, to imprisonment for not more than 12
months or to a fine not exceeding the statutory maximum (or both),
or

(b) on conviction on indictment, to imprisonment for not more than two
20years or to a fine (or both).

(4) The reference in sub-paragraph (3)(a) to 12 months is to be read as a
reference to 6 months—

(a) in its application to England and Wales in relation to an offence
committed before the date on which section 154(1) of the Criminal
25Justice Act 2003 comes into force, and

(b) in its application to Northern Ireland.

(5) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 comes into force on or before the day on which this Act is passed—

(a) section 85 of that Act (removal of limit on certain fines on conviction
30by magistrates’ court) applies in relation to an offence under sub-
paragraph (1) on and after that day as if it were a relevant offence (as
defined in section 85(3) of that Act), and

(b) regulations described in section 85(11) of that Act may amend, repeal
or otherwise modify sub-paragraph (3)(a).

35Disclosure with consent

3 Paragraph 2(1) does not apply to a disclosure made with the consent of—

(a) the individual, or

(b) the person for the time being carrying on the business (or, where
there are two or more such persons, all those persons).

40Disclosure of information already available to public

4 Paragraph 2(1) does not apply to information that has been made available
to the public by being disclosed in circumstances in which, or for a purpose
for which, disclosure is not precluded by this Schedule.

Defence Reform BillPage 47

Other permitted disclosures

5 (1) Paragraph 2(1) does not apply where information is disclosed—

(a) for the purpose of facilitating the carrying out of functions of a
Minister of the Crown (within the meaning of the Ministers of the
5Crown Act 1975),

(b) for the purpose of facilitating the carrying out by the SSRO of any of
its functions,

(c) for the purpose of enabling or assisting an authorised person to carry
out any of its functions,

(d) 10for the purpose of enabling or assisting a contractor to provide
defence procurement services to the Secretary of State by virtue of
arrangements mentioned in section 1,

(e) to the person from whom the information was obtained or, where
that person is associated with one or more other persons, to any such
15associated person,

(f) by a person to whom the information is disclosed by virtue of
paragraph (e),

(g) in response to a request under the Freedom of Information Act 2000,

(h) in connection with the investigation of a criminal offence or for the
20purposes of criminal proceedings,

(i) for the purposes of civil proceedings,

(j) in pursuance of an EU obligation,

(k) for the purpose of facilitating the carrying out by the Comptroller
and Auditor General of functions, or

(l) 25in anonymised form.

(2) In sub-paragraph (1)(d), “contractor” and “defence procurement services”
have the same meanings as in Part 1.

(3) For the purposes of sub-paragraph (1)(l), information is disclosed in
anonymised form if no individual or other person to whom the information
30relates can be identified from it.

Power to prohibit disclosure

6 (1) The Secretary of State may by order—

(a) prohibit the disclosure of information to which this Schedule applies;

(b) provide that a prohibition imposed by virtue of paragraph (a) is
35subject to exceptions corresponding to those set out in paragraphs 3
to 5 (other than paragraph 5(1)(g));

(c) provide that a person who discloses information in contravention of
such a prohibition commits an offence punishable—

(i) on summary conviction, with imprisonment for not more
40than 12 months or with a fine not exceeding the statutory
maximum (or both), or

(ii) on conviction on indictment, with imprisonment for not
more than two years or with a fine (or both).

(2) The reference in sub-paragraph (1)(c)(i) to 12 months is to be read as a
45reference to 6 months—

Defence Reform BillPage 48

(a) in its application to England and Wales in relation to an offence
committed before the date on which section 154(1) of the Criminal
Justice Act 2003 comes into force, and

(b) in its application to Northern Ireland.

(3) 5An order under sub-paragraph (1) may repeal paragraphs 2 to 5.

(4) If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders
Act 2012 comes into force on or before the day on which this Act is passed—

(a) section 85 of that Act (removal of limit on certain fines on conviction
by magistrates’ court) applies in relation to the power under sub-
10paragraph (1)(c)(i) on or after that day as if it were a relevant power
(as defined in section 85(3) of that Act), and

(b) regulations described in section 85(11) of that Act may amend, repeal
or otherwise modify sub-paragraph (1)(c)(i).

(5) An order under sub-paragraph (1) is to be made by statutory instrument.

(6) 15A statutory instrument containing an order under sub-paragraph (1) may
not be made unless a draft of it has been laid before, and approved by a
resolution of, each House of Parliament.

Section 45

SCHEDULE 6 Call out of members of reserve forces: transitional classes

1 20The Reserve Forces Act 1996 is amended as follows.

2 (1) Section 129 (application of Act to persons currently serving in the reserve
forces or regular services) is amended as follows.

(2) In subsection (1), for “the transitional class” substitute

(a) the original transitional class (see Parts 1 and 2 of that
25Schedule), or

(b) the second transitional class (see Parts 3 and 4 of that
Schedule).

(3) In subsection (2), for “the transitional class” (in both places) substitute “the
original transitional class”.

(4) 30In subsection (3)—

(a) for “In this Act “the transitional class”” substitute In this Act—

  • the original transitional class”, and

(b) at the end insert—

  • “the second transitional class”, in relation to members
    35of the reserve forces, shall be construed in accordance
    with Part 3 of Schedule 9.

3 In the heading of that section, for “persons currently serving in the reserve
forces or regular services” substitute “members of transitional classes”.

4 (1) Schedule 9 (application of Act to transitional members) is amended as
40follows.

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(2) In the heading of Part 1, for “transitional class” substitute “original
transitional class”.

(3) In paragraphs 1(1) and (2) and 6, for “transitional class” substitute “original
transitional class”.

(4) 5In paragraph 4(2), after “may” insert “at any time”.

(5) In the heading of Part 2, for “transitional class” substitute “original
transitional class”.

(6) After paragraph 12 insert—

12A In the application of section 28(3)(a) to a special agreement entered
10into by a transitional member, for the reference to a period not
exceeding 12 months there shall be substituted a reference to a
period not exceeding 9 months.

(7) At the end insert—

Part 3 15The second transitional class of members of the reserve forces

(1) The second transitional class consists of persons who—

(a) are members of a reserve force,

(b) are not, and have not been, members of the original
transitional class,

(c) 20for the time being fall within paragraph 26 or 27, and

(d) have not made an election under paragraph 28.

(2) In this Part of this Schedule “the appointed day” means the day
on which paragraph 4(7) of Schedule 6 to the Defence Reform Act
2013 (which inserts this Part of this Schedule) comes into force.

25A person who, immediately before the appointed day, was a
member of a reserve force falls within this paragraph if—

(a) the person has remained a member of that force without
interruption since that time, and

(b) the person has not extended his or her service in, or
30become an officer of, that force since that time.

A person who becomes a member of a reserve force on or after the
appointed day, on transfer to the reserve from the regular services,
falls within this paragraph if—

(a) the person joined the regular services before the appointed
35day and did not re-enlist, re-engage or extend his or her
service, or become an officer, in the regular services on or
after that day,

(b) the person has remained a member of the reserve force
concerned without interruption since being transferred
40from the regular services, and

(c) the person has not extended his or her service in, or
become an officer of, that force since being so transferred.

(1) A person who is a member of the second transitional class may
elect to cease to be a member of that class.